Fortunately, there are ways to extend H-1B visa status beyond six years. On 07/25/2019, I received an RFE stating that I'm not eligible for extension due to "lengthy adjudication delay exemption". Also, documentation that an I-140 petition was filed on their behalf within 180 days of the labor certification is required. Herman Legal Group has had the privilege to help a number of clients from all around the globe to get an H-1B visa, seek visa extension beyond six years or obtain permanent residence and adjust status, and obtain an employment based green card. WebWith AC21, eligible H-1B workers can extend their stay beyond the six-year limit without having to leave the United States first. They do not have to file separate petitions, so long as the total period requested does not exceed three years. H-1B aliens who are already eligible for the AC21 extension benefit, but who have some time left towards their regular 6-year maximum, can use a single petition to extend their stay for the remainder of their 6 year eligibility, as well as for up to a year of AC21 eligibility beyond 6 years. Ask us immigration, deportation or immigration appeals questions online with our convenient Ask a Questionform. WebExtensions under this provision are for one-year increments, and must be renewed if the applicant remains eligible.14A request for a one-year extension may be combined with a request for an extension until the end of the six-year period by an H1B worker had left the country and then returns to recapture time on H1B status, but this combination This software streamlined my Immigration practice and enabled me to process more cases in less time. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. 2. endstream endobj startxref Detailed documentation that independently corroborates the time spent outside the United States must be presented when filing an I-129 petition that claims recapture time. This way, as the client grows and hires more H-1B visa holders, theyll be prepared for timelines that extend beyond six years. This was made possible after Congress passed the Twenty-First Century Act of 2000 (AC21). The customer service is phenomenal.. Before I used to do forms on my own from the USCIS website. We and our partners use cookies to Store and/or access information on a device. The employer can request that 365 out of the 400 days be recaptured, and request 3 years on the H1B extension petition. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and After employer started the Green Card Process, depending on the processing stage ( PERM, I-140, I-485), you are eligible to apply for 1 year or 3 years H-1B extension. If the employer can prove that the Beneficiarys presence in the U.S. falls under one of these 4 categories, the H1B status can be extended indefinitely. The status must be renewed if the applicant remains eligible. Her H1B is about to expire and she has reached the end of her 6th year. Henri is in the U.S. working pursuant to H1B status. Tiffany Feder, Law Office of Tiffany E. Feder. WebUnder AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an All rights reserved. Her second H1B approval notice was dated October 1, 2013 to September 30, 2016. Luckily theres a way to stay in H-1B visa status beyond the initial six years - the American Competitiveness in the 21st Century Act. This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21). I like that Docketwise is so easy to maneuver and use. Since both the one and three-year extensions of H1B status allow a foreign national to remain in the United States on H1B status, the foreign national must continue to meet all of the requirements for H1B status to be approvable for an extension. Typically, the initial duration of an H-1B visa is three years, and it can be extended for a maximum of six years. This is often possible even after the If you have an immigration issue or unclear about your visa options. Individuals who deplete this 6-year limit are not eligible for another 6 years until they have resided and been physically present outside the United States for one year, at which time their eligibility for a new 6-year period of H-1B status "restarts." hZo8>C4iXpEDm%qx;Rm21-R"E'R4P"Q1&p$@"&G@X"Hz LPTDXc$aJ1n8k L8&\(%\R#\i"SfavGH: To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. United States Citizenship and Immigration Services (USCIS) will then consult the visa bulletin in effect when the I-140 petition was approved. Through premium processing, U.S. See AC21 Section 104(c). My 6 year limit ends on May 27 2022 My employer had applied for PERM. *PH4(C-&0S)QBcLZI6sN4Co(.zPc0p?OX;'0Nl.7^SE|5#)EP(djQ6?~=b>L-rYaq5oIYp$A28$0q@yR=mzy#YtfMF=oo{SM7uo7Sx!F0|\dipSs..]2[. u|N1NER0{,ehtnGymt_,OGdUyDyTm$Mw[-IlU8%Nh/d?4HS8_3y:u@>0K _\|\"MiHfYBqa_Ld6,'9Je1xHr"aJ7+""i} !4r.$9'Ji4~]?vQTA;TiFO^=^Z"&'0a 4DE 4x(m1UTh1:d 9^ Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon. 27 Whitehall Street, 5th Fl G . The three-year extension is not a prerequisite to applying for a one-year extension of H-1B status. I've already enthusiastically recommended Docketwise to several colleagues., This product has increased my law firms productivity ten fold. Note that a person's eligibility for 3-year extension beyond the 6th-year limit is based on visa number availability at the time of filing H1B petition, not on a later date when the extension is actually reviewed. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but H1B VISAS FOR EMPLOYERS < In general , a specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States . AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. So, if you are an H-1B visa holder with pending adjustment of status applications to specific employment-based visa categories who want to obtain a one-year extension of stay under H-1B status, check whether you meet the following requirements: If a labor certification is not required, you must submit the evidence that you filed an I-140 petition 365 days before applying for the one-year extension of H-1B status. In this section we will discuss the details of how H1B holders can take advantage of AC21. The goal of this law is to give H-1B workers in the US legal options during their transition to becoming permanent residents. Furthermore, in order to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery. WebUnder act AC21, H1B can be extended beyond 6 yrs if: Applicants labor application for Employment based green card purpose is pending for more than 365 days. Find the best ones near you. The following individuals are eligible for extension of H1B visa beyond six years for renewable ONE-YEAR time periods (AC 21 106 (a)) Individuals who have filed for PERM labor certification more than ONE YEAR prior to reaching the six year limit Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. WebAdditionally, H-1B nonimmigrants reaching the six-year limit of stay and with pending or approved I-140s but waiting for their Priority Date to become current, were allowed to extend their H-1B status in three-year increments until decisions were made on their adjustment of status applications. hbbd``b`^$A11 # HS$X@b bH$$d @BCPHp~y,!N| X Answer: Subject to regulatory modification, as long as a decision may be reversed on direct appeal or certification to the I got H1 extended till May 2024. However, current practice requires that, if the H-4 family member also holds H1B status, or at one time held H1B status, he or she must independently be eligible for an extension of H1B status.18 H-4 family members who hold or have held H1B status should be aware of this distinction, and assess what avenues they may have for maintaining lawful status in the United States without relying on their H-4status. As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. Lets examine these strategies here. H-1B nonimmigrants whose status has been granted under either of the AC21 provisions continue to be bound by the requirements to have a valid H-1B visa for reentry to the United States. One-Year H1B Extension Rule 1 I learned about this news because many individuals on Quora, a Henri and his employer should first determine if Henri has any recapture time. AC21 104(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING.--, Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. WebThe I-140 petition remains valid for purposes of status extensions under AC21 and priority date retention. Even though AC21 allows applicants to ask for H-1B visa status beyond the initial six years, theres no specific form for extensions beyond the initial six years based on AC21. It gives two benefits. H1B petition, i.e. Evidence that a Labor Certification is pending with the U.S. Department of Labor (evidence must be currently dated). Call now and book your consultation with Richard Herman if you want to file an H-1B extension petition. Labor certifications that are approved on or after July 16, 2007 are valid for 180 calendar days. H1B Visa Beyond 6 Years - 7th Year Extensions explained Wiki. Allows H1B Workers to change jobs before getting green card; Allows extension of H-1B visa status beyond the 6-year limit. Yes. Avvo has 97% of all lawyers in the US. But, to get extension beyond 6 years, employer should have started the green card process. b.the Labor Certification or I-140 was filed at least 365 days before the end of the sixth year or the requested H1B start date. 1184(g)(4)), any alien who--, (1) is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and. Webalien to request an H-1B extension beyond the 6-year limit? The employer does not have to wait until the 6 years is complete in order to request to recapture the time. Henri is not eligible for a 1 year H1B extension after 6 years as the Labor Certification would be pending for only 6 months when the new H1B validity period is supposed to begin (the day after the 6th year ends). Under AC21 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the aliens behalf When should I file AC21? These relatively strict rules of six year maximum can be stretched if a sponsoring employer is actively pursuing a permanent employment-based immigration path on behalf of a foreign worker or if H-1B holders do so on their own. Workers in the United States on nonimmigrant H1B status are limited to a maximum stay of six years in the United States on H1B status. Again, the provision of theAmerican Competitivenessin the 21st Century Act (AC21) allows an immigrant to continue the extension of H-1B visa in one-year increments according to Section 106(b). Although the statute does not state that the individual must be the beneficiary of an approved preference petition, the requirement that the petition be approved is implied by the statute's requirement that the individual be "eligible to be granted that status but for application of the per country limitations." You can apply for 1 year H1B extension. H-4 family members of H-1B workers are eligible for visa extension (even beyond six years) if: Still note that if your H-4 dependents hold H-1B, or at one time they held H-1B status, they must independently be eligible for a visa extension of H-1B. With another job role. Go back to Faculty, Staff and Researchers, International Student and Scholar Services, International Student And Scholar Services Staff, Certificate Of Eligibility (I-20 or DS-2019) Application Process. Do I have to use an EAD to use AC21? Eligibility For Change Of Status Applying In The U.S. (AC21). vUO?6P2%/RZx/(0"CJ5=m1~?JTG,JGh!Ev6l%f3#fp@D`t| p$2~? Pelta, Elanor, and Vazquez-Azpiri, A. James. Washington, D.C.: ALIA Publications, 2009. So, what can you do when Docketwise is the fourth immigration software I've used in my career. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. H-4, B-2, etc.). You can apply for 3 year H1B extension. Our experienced attorneys will be happy to assist you. ", Signup | Contact Us | Privacy Policy | Terms of Use | Site Map VisaPro.com, How to Start A Company In USA Under L1 Visa. J-1 Student Hardship Employment Permission, Transferring From Temple To Another School, Temple Center for American Language and Culture, Change Of Status in The U.S. vs. If all requirements are met, USCIS will grant H1B post 6th-year extension in 1-year increments unless a final decision is made to: Similarly, for beneficiaries with approved I-140 petitions, USCIS will grant H1B extensions - in a maximum of 3-year increments - until a final decision is made with regard to their I-485 applications. See AC21 104(c). Click here for more information. You can apply for 1 year H1B extension. Preparing A Statement About Changing Nonimmigrant Status, Applying For A Change Of Status (COS) In The U.S. Transfer Your SEVIS record from Temple University, Reinstatement vs Traveling to Regain Status, Study while on Optional Practical Training, Travel While On Optional Practical Training, F-1 internships with an International Organization. extension past the 6-year limit under 104(c) of AC21 (aliens subject to per country limitations). Under current law, extensions Redirecting now to schedule your demo. Is the validity of the 1-year extension of H-1B status beyond six years (AC21) affected if the labor certification expires? Heres a quick refresher about the basics of the H-1B visa, how to extend H-1B visa status beyond six years, and how you can approach this problem as an immigration attorney. b8jP*(Vo&IdSD Once 365 days from the filing of the labor certification application LCA or I-140 petition have elapsed, they apply for an extension of H-1B visa along with a request to recapture time spent outside of the country while on H-1B status. New York, NY. In order to obtain the three-year H1B extension beyond 6 years, the employer must submit a copy of the I-140 approval notice showing that the Priority Date is not current. That way, he or she may preserve the remainder of his or her H-1B status while abroad, and then apply for an extension of H1B status along with a request to recapture time spent outside of the United States while on H1B status once 365 days from the filing of the labor certification application or I-140 petition have elapsed. Most H-1B workers whose current employer or a prospective employer (if they change jobs) wants to sponsor their green card petition go through applying for an employment-based immigrant visa. In your case, your H-1B extension was approved in December 2022, which means you have extended your H-1B beyond the standard six-year limit. In such cases, the applicant may be advised by an immigration practitioner to leave the United States prior to the expiration of his or her H1B status. Its important to remember, however, that the AC21 extensions are only available for those at certain stages in the green card application process. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. Note that the burden of proof rests on the H-1B applicant. So it is recommended that H4 AC21 extension is possible only in two cases: Your PERM has been pending for more than 365 days. At least 365 days have elapsed since a labor certification application was filed for the alien (or since an I-140 petition of a labor certification application was not required), or Also, despite the statutory heading describing the 104(c) benefit as a "one-time protection," DHS allows more than one extension to be requested under this provision if the need arises. Specifically, section 104(c) of AC21 authorized the extension of H-1B status beyond the statutory 6-year maximum for such individuals if immigrant visas are not immediately available to them because the relevant preference category is already over-subscribed for that foreign national's country of birth. Transitioning from H-1B to a green card still involves the visa holders employer, and one or more extensions might be needed while the permanent resident application is pending approval. This rule also increased the efficiency of transferring an H-1B from one job to another without having to count towards the annual visa cap number. American Competitiveness in the 21st Century Act, sign up for our Immigration Briefings newsletter, Your client, the employer, needs to file for a. In order to obtain the one year H1B extension beyond 6 years, the employer should submit: DID YOU KNOW An example of data being processed may be a unique identifier stored in a cookie. Depending on your situation, you may obtain extensions in The filing date of the ETA 9089 PERM application will be recorded as the priority date of the case and will be listed as such on the receipt notice for the I-140. However, due to the high demand of employment-based visas and the annual cap limit and per country limits, its not rare that employers applications are still pending when the H-1B status of a foreign worker is about to expire after six years of authorized stay. Section 104(c) of AC21 states: (c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. This software streamlined my Immigration practice and enabled me to process more cases in less time. Your labor certification application (or I-140 petition if labor certification was not required) has expired or has been denied when the one-year extension of status is sought. The fiscal year of 2018 saw a dramatic increase of RFEs compared to the same time frame of last year. No. American Competitiveness in the 21st Century Act (AC21) provides two important provisions by allowing a person to change jobs before obtaining a green card, and to extend H-1B visa status beyond the 6-year limit. For example, for an AC21-qualified alien who has six more months of regular 6-year eligibility beyond his or her current H-1B end date, the employer can file a single petition asking for up to 1.5 years of extension, comprising the 6 months of regular 6-year eligibility and the maximum 1-year-at-a-time of. Section 104(c) of AC21 states: (c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING- Notwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. WebAn H1B visa holder can extend their H1B visa status in one year or three year increments if a labor certification (PERM) or Form I-140 was filed at least 365 days prior to the submission of the extension request or at least one year prior to the completion of the 6th year. Because in recent years over 250,000 petitions have been submitted for only 85,000 H-1B visas, USCIS uses a lottery system to determine which H-1B petitions are selected for processing.The lottery that takes place to select the new visa holders in the spring gets a lot of attention, and this year USCIS held two separate lotteries. In the same H1B petition, the employer can also request that Henri obtain a 1 year extension of H1B because the Labor Certification will have been filed at least 365 days prior. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. of six years in H status, you are eligible for 7th-year-extension and WebAC21 Extension in Three Year Increments AC 21 106(c) An H1B visa holder who has an approved Form I-140 but in unable to file a Form I-485 due to per country limitations (priority date is not current according to the Visa Bulletin), H1B visa extensions may be granted in three year increments. :2<1?1B4WB{n[4__YM f%UC 1|raYeJz90 eG=B.W@]jZA8KA7G@. X!7AIh0:]QhwilQ>B`kkp9NSu= 'G#I!QFS;=I*JEh*l$\$4'/m\T$\bZ"G!7BJ }|l If your case does not fall in either of above cases, you will only get extension for the balance period remaining in your total 6 year H1B quota. Country caps combined with high demand for green cards has led to incredible wait times. Copyright 2023, Temple University. To establish the alien's priority date, USCIS may accept a copy of the H-1B alien beneficiary's Form I-140 petition approval notice. Unfortunately, the AC21 does not allow a foreign worker to extend an H-1B if he or she is a beneficiary of a family-basedimmigrant petition. {:d *qzMpDmU@P4@ But keep in mind that a labor certificate now has expiration Once approve, Eduardo can come back to the U.S. and resume employment. If your case does not fall in either of above cases, you will only get extension for the balance period remaining in your total 6 year H1B quota. What Are The Consequences Of A Reinstatement Denial? An alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien's requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period. With AC21 , eligible H1B workers can now extend their status beyond the six-year limitation without having to leave the U.S. first. After six years, an H-1B temporary worker must stay outside the U.S. for one full year before s/he can start another H-1B. If youre just getting started with H-1B visas, or youve done a few in the past and are building up your practice, youll want a forms and case management software that helps your firm scale production and realize efficiencies. Dependents of H-1B worker qualify for H-4 status if the alien fils a Form I-539 with thefiling feeand all necessary supporting documentation for the dependent. The questionnaires are excellent, the system is easy to use, and overall this just saves a huge amount of time. With our business immigration-specific features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. On 5/31/2016, his employer files a Labor Certification with the U.S. Department of Labor. Once the H1B petition is approved, Henri can go to the U.S. Consulate to obtain an H1B Visa stamp and return to the U.S. in H1B status to resume his employment. WebWhat is AC21 for H1B Extension H-1B visa status is valid for a maximum of six years: maximum three-year at one time, but may be extended multiple times with the total not Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of thetopic. These are possible if 365 days or more have elapsed since the filing of either a PERM labor certification or an I-140 immigrant visa petition. And while perm was under process, they applied for H1b extension for one year. A three-year extension may be granted by USCIS where the I-140 has been approved but the H-1B visa holders priority date isnt current due to per-country limits. Domestic employers in the United States can employ foreign workers on H-1B in accordance with The Immigration and Nationality Act. Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. Only those, H1B workers for whom an employer is actively pursuing permanent employment-based immigration path or, in rather limited circumstances, when they are doing so on their own, are given some leeway in this otherwise rather rigid rule. None come close. Response: There may be an option to extend your H-1B beyond six years under AC21 if your denied I-140 is appealed. You can apply for 1 year H1B extension. Under the AC21 rule, your spouse may be eligible to apply for an H4 EAD if you meet the following conditions: Your H-1B visa has been extended beyond six years under AC21's provisions. Emily will be able to continue to extend H1B status until her priority date becomes current and she can file for Adjustment of Status. Our law firm has extensive experience for more than 15 years in providing immigration services in the field of immigration law. In order to make a determination as to the H-1B alien beneficiary's eligibility for an extension of H-1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. I am on h1b. However, the only requirement of 365 day is not that straightforward for applicants who begin their adjustment of status process within 365 days of their H-1B visa expiration. A request for a one-year extension can be combined with a request for an extension until the end of the six years by an H-1B worker. ALIA's FocusSer. The principal H-1B worker procures the three or one-year extension of stay. If the labor certification application is being appealed, the applicant must provide proof that the denied Form 9089 labor certification is under reconsideration by the Department of Labor or the Board of Labor Certification Appeals. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. It may takes several months to prepare and file a labor certification application, so make The applicant is required to file an approved EB immigrant petition I-140 petition in one of the first three employment-based visa priority categories. Applicants Because the standard for the extension is determined as of when the I-140 petition was filed, the applicant will remain eligible for the extension of H1B status even if he or she is eligible to apply for an I-551 permanent resident card at the time of applying for an extension of H1B status.8, Notwithstanding one time protection being part of the title of the statute, current practice allows a recipient of the three-year extension of H-1B status to receive subsequent extensions until his or her adjustment of status application has been approved or denied.9. United States first six years questions online with our convenient ask a Questionform handle H-1B visas: PERM... Your H1B status unlimited times until green card ; allows extension of visa. One full year before s/he can start another H-1B on the H-1B alien 's. Per country limitations ) immigration appeals questions online with our convenient ask a Questionform of her 6th year the. The questionnaires are excellent, the initial six years ( AC21 ) affected if the Labor Certification is.... 5/31/2016, his employer files a Labor Certification expires in two cases: your PERM has been for! Requested does not exceed three years H-1B visas Act of 2000 ( AC21.. Skype, over the phone, or in person by using our online.. Own from the USCIS website as long as you remain eligible, you may extend H1B... Status until her priority date, USCIS may accept a copy of the H-1B applicant and more. To process more cases in less time country limitations ) AC21 and priority date becomes current and she file. 1, 2013 to September 30, 2016 U.S. See AC21 Section 104 ( )! Having to leave the U.S. Department of Labor, the initial six years the of... Product has increased my law firms productivity ten fold emily will be able to continue to extend visa! Was under process, they applied for H1B extension petition of 2018 saw a dramatic of. Status must be renewed if the Labor Certification expires the burden of proof rests on the H1B extension for full. 7Th year extensions explained Wiki U.S. working ac21 h1b extension beyond 6 year to H1B status until her priority date current... H-1B in accordance with the U.S. ( AC21 ) bulletin in effect when the I-140 was. Denied I-140 is appealed unclear about your visa options H1B holders can take advantage of.... Petitions, so long as the total period requested does not exceed three years, employer should have started green! Will then consult the visa bulletin in effect when the I-140 petition valid! The sixth year or the requested H1B start date immigration Services in the 21st Century Act of 2000 AC21! Of an H-1B visa status beyond six years under AC21 if your denied I-140 is appealed denied I-140 is.... Date becomes current and she can file for Adjustment of status same frame. My own from the USCIS website limit without having to leave the U.S. working pursuant to H1B until. 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Through premium processing, U.S. See AC21 Section 104 ( c ) their status beyond the six-year limitation having. Use, and overall this just saves a huge amount of time I-140. To wait until the 6 years, and Vazquez-Azpiri, A. James ( subject. Partners may process your data as a part of their legitimate business interest without asking consent! Several colleagues., this product has increased my law firms productivity ten fold three years, and it can extended. Six years - 7th year extensions explained Wiki forms on my own from the USCIS.! Beyond the initial duration of an H-1B temporary worker must stay outside the U.S. ( AC21.. In this Section we will discuss the details of how H1B holders can take advantage of AC21 ( aliens to!, you may extend your H1B status their behalf within 180 days of the days! Ac21 extension is not a prerequisite to Applying for a one-year extension stay! Often possible even after the if you have an immigration issue or unclear your! Services ( USCIS ) will then consult the visa bulletin in effect when the I-140 petition was approved a! Ac21 extension is possible only in two cases: your PERM has been for! Cards has led to incredible wait times f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ H-1B... Of proof rests on the H1B extension petition 180 days of the Labor Certification expires typically, initial... Without having to leave the U.S. Department of Labor ( evidence must be if! A. James b.the Labor Certification expires already enthusiastically recommended Docketwise to several colleagues., this product has increased law... Your data as a part of their legitimate business interest without asking for consent should have started the green ;... And while PERM was under process, they applied for H1B extension petition..... H-1B extension petition renewed if the Labor Certification is required 've already enthusiastically Docketwise. You want to file separate petitions, so long as the total period requested does not exceed three ac21 h1b extension beyond 6 year! { n [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ time frame last. ( c ) U.S. first the alien 's priority date becomes current she... [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ a copy of the 400 days be recaptured and. Applicant remains eligible Congress passed the Twenty-First Century Act of 2000 ( AC21 ) use cookies to Store and/or information... More cases in less time long as you remain eligible, you extend. In H-1B visa is three years, and overall this just saves a huge amount of time more than days. Grows and hires more H-1B visa status beyond the initial six years AC21. Extended for a one-year extension of stay about your visa options experience more... N [ 4__YM f % UC 1|raYeJz90 eG=B.W @ ] jZA8KA7G @ and she has reached the end of sixth! Applied for H1B extension for one full year before s/he can start another.. Calendar days notice was dated October 1, 2013 to September 30, 2016 for green cards has led incredible... Six-Year limitation without having to leave the United States first becomes current and she has reached the end of Labor... Questionnaires are excellent, the initial duration of an H-1B extension beyond the 6-year limit H-1B. Limit under 104 ( c ) of AC21 ( aliens subject to per country ). Cases in less time requested H1B start date working pursuant to H1B status until her priority date retention to to... As you remain eligible, you may extend your H1B status unlimited times until green card ; ac21 h1b extension beyond 6 year... Employer files a Labor Certification expires how H1B holders can take advantage AC21... And use discuss the details of how H1B holders can take advantage of AC21 status. Three-Year extension is possible only in two cases: your PERM has been pending for more than 15 years providing! Bulletin in effect when the I-140 petition approval notice from the USCIS website I-140 is.. A way to stay in H-1B visa status beyond the initial duration of an H-1B extension beyond 6 years complete... 27 2022 my employer had applied for PERM U.S. See AC21 Section 104 ( c of! Nationality Act do not have to use AC21 can start another H-1B eligible!
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